John Thorndyke's Cases Part 6

The first witness for the defence was Thornd.y.k.e; and as he entered the box I observed Polton take up a position close behind him with a large wicker trunk. Having been sworn, and requested by Anstey to tell the Court what he knew about the case, he commenced without preamble:

"About half-past four in the afternoon of the 28th of September I walked down Sundersley Gap with Dr. Jervis. Our attention was attracted by certain footprints in the sand, particularly those of a man who had landed from a boat, had walked up the Gap, and presently returned, apparently to the boat.

"As we were standing there Sergeant Payne and Dr. Burrows pa.s.sed down the Gap with two constables carrying a stretcher. We followed at a distance, and as we walked along the sh.o.r.e we encountered another set of footprints-those which the sergeant has described as the footprints of the deceased. We examined these carefully, and endeavoured to frame a description of the person by whom they had been made."

"And did your description agree with the characters of the deceased?" the magistrate asked.

"Not in the least," replied Thornd.y.k.e, whereupon the magistrate, the inspector, and Mr. Bashfield laughed long and heartily.

"When we turned into St. Bridget's Bay, I saw the body of deceased lying on the sand close to the cliff. The sand all round was covered with footprints, as if a prolonged, fierce struggle had taken place. There were two sets of footprints, one set being apparently those of the deceased and the other those of a man with nailed shoes of a very peculiar and conspicuous pattern. The incredible folly that the wearing of such shoes indicated caused me to look more closely at the footprints, and then I made the surprising discovery that there had in reality been no struggle; that, in fact, the two sets of footprints had been made at different times."

"At different times!" the magistrate exclaimed in astonishment.

"Yes. The interval between them may have been one of hours or one only of seconds, but the undoubted fact is that the two sets of footprints were made, not simultaneously, but in succession."

"But how did you arrive at that fact?" the magistrate asked.

"It was very obvious when one looked," said Thornd.y.k.e. "The marks of the deceased man's shoes showed that he repeatedly trod in his own footprints; but never in a single instance did he tread in the footprints of the other man, although they covered the same area. The man with the nailed shoes, on the contrary, not only trod in his own footprints, but with equal frequency in those of the deceased. Moreover, when the body was removed, I observed that the footprints in the sand on which it was lying were exclusively those of the deceased. There was not a sign of any nail-marked footprint under the corpse, although there were many close around it. It was evident, therefore, that the footprints of the deceased were made first and those of the nailed shoes afterwards."

As Thornd.y.k.e paused the magistrate rubbed his nose thoughtfully, and the inspector gazed at the witness with a puzzled frown.

"The singularity of this fact," my colleague resumed, "made me look at the footprints yet more critically, and then I made another discovery. There was a double track of the nailed shoes, leading apparently from and back to the Shepherd's Path. But on examining these tracks more closely, I was astonished to find that the man who had made them had been walking backwards; that, in fact, he had walked backwards from the body to the Shepherd's Path, had ascended it for a short distance, had turned round, and returned, still walking backwards, to the face of the cliff near the corpse, and there the tracks vanished altogether. On the sand at this spot were some small, inconspicuous marks which might have been made by the end of a rope, and there were also a few small fragments which had fallen from the cliff above. Observing these, I examined the surface of the cliff, and at one spot, about six feet above the beach, I found a freshly rubbed spot on which were parallel scratches such as might have been made by the nailed sole of a boot. I then ascended the Shepherd's Path, and examined the cliff from above, and here I found on the extreme edge a rather deep indentation, such as would be made by a taut rope, and, on lying down and looking over, I could see, some five feet from the top, another rubbed spot with very distinct parallel scratches."

"You appear to infer," said the chairman, "that this man performed these astonishing evolutions and was then hauled up the cliff?"

"That is what the appearances suggested," replied Thornd.y.k.e.

The chairman pursed up his lips, raised his eyebrows, and glanced doubtfully at his brother magistrates. Then, with a resigned air, he bowed to the witness to indicate that he was listening.

"That same night," Thornd.y.k.e resumed, "I cycled down to the sh.o.r.e, through the Gap, with a supply of plaster of Paris, and proceeded to take plaster moulds of the more important of the footprints." (Here the magistrates, the inspector, and Mr. Bashfield with one accord sat up at attention; Sergeant Payne swore quite audibly; and I experienced a sudden illumination respecting a certain basin and kitchen spoon which had so puzzled me on the night of Thornd.y.k.e's arrival.) "As I thought that liquid plaster might confuse or even obliterate the prints in sand, I filled up the respective footprints with dry plaster, pressed it down lightly, and then cautiously poured water on to it. The moulds, which are excellent impressions, of course show the appearance of the boots which made the footprints, and from these moulds I have prepared casts which reproduce the footprints themselves.

"The first mould that I made was that of one of the tracks from the boat up to the Gap, and of this I shall speak presently. I next made a mould of one of the footprints which have been described as those of the deceased."

"Have been described!" exclaimed the chairman. "The deceased was certainly there, and there were no other footprints, so, if they were not his, he must have flown to where he was found."

"I will call them the footprints of the deceased," replied Thornd.y.k.e imperturbably. "I took a mould of one of them, and with it, on the same mould, one of my own footprints. Here is the mould, and here is a cast from it." (He turned and took them from the triumphant Polton, who had tenderly lifted them out of the trunk in readiness.) "On looking at the cast, it will be seen that the appearances are not such as would be expected. The deceased was five feet nine inches high, but was very thin and light, weighing only nine stone six pounds, as I ascertained by weighing the body, whereas I am five feet eleven and weigh nearly thirteen stone. But yet the footprint of the deceased is nearly twice as deep as mine-that is to say, the lighter man has sunk into the sand nearly twice as deeply as the heavier man."

The magistrates were now deeply attentive. They were no longer simply listening to the despised utterances of a mere scientific expert. The cast lay before them with the two footprints side by side; the evidence appealed to their own senses and was proportionately convincing.

"This is very singular," said the chairman; "but perhaps you can explain the discrepancy?"

"I think I can," replied Thornd.y.k.e; "but I should prefer to place all the facts before you first."

"Undoubtedly that would be better," the chairman agreed. "Pray proceed."

"There was another remarkable peculiarity about these footprints," Thornd.y.k.e continued, "and that was their distance apart-the length of the stride, in fact. I measured the steps carefully from heel to heel, and found them only nineteen and a half inches. But a man of Hearn's height would have an ordinary stride of about thirty-six inches-more if he was walking fast. Walking with a stride of nineteen and a half inches he would look as if his legs were tied together.

"I next proceeded to the Bay, and took two moulds from the footprints of the man with the nailed shoes, a right and a left. Here is a cast from the mould, and it shows very clearly that the man was walking backwards."

"How does it show that?" asked the magistrate.

"There are several distinctive points. For instance, the absence of the usual 'kick off' at the toe, the slight drag behind the heel, showing the direction in which the foot was lifted, and the undisturbed impression of the sole."

"You have spoken of moulds and casts. What is the difference between them?"

"A mould is a direct, and therefore reversed, impression. A cast is the impression of a mould, and therefore a facsimile of the object. If I pour liquid plaster on a coin, when it sets I have a mould, a sunk impression, of the coin. If I pour melted wax into the mould I obtain a cast, a facsimile of the coin. A footprint is a mould of the foot. A mould of the footprint is a cast of the foot, and a cast from the mould reproduces the footprint."

"Thank you," said the magistrate. "Then your moulds from these two footprints are really facsimiles of the murderer's shoes, and can be compared with these shoes which have been put in evidence?"

"Yes, and when we compare them they demonstrate a very important fact."

"What is that?"

"It is that the prisoner's shoes were not the shoes that made those footprints." A buzz of astonishment ran through the court, but Thornd.y.k.e continued stolidly: "The prisoner's shoes were not in my possession, so I went on to Barker's pond, on the clay margin of which I had seen footprints actually made by the prisoner. I took moulds of those footprints, and compared them with these from the sand. There are several important differences, which you will see if you compare them. To facilitate the comparison I have made transparent photographs of both sets of moulds to the same scale. Now, if we put the photograph of the mould of the prisoner's right shoe over that of the murderer's right shoe, and hold the two superposed photographs up to the light, we cannot make the two pictures coincide. They are exactly of the same length, but the shoes are of different shape. Moreover, if we put one of the nails in one photograph over the corresponding nail in the other photograph, we cannot make the rest of the nails coincide. But the most conclusive fact of all-from which there is no possible escape-is that the number of nails in the two shoes is not the same. In the sole of the prisoner's right shoe there are forty nails; in that of the murderer there are forty-one. The murderer has one nail too many."

There was a deathly silence in the court as the magistrates and Mr. Bashfield pored over the moulds and the prisoner's shoes, and examined the photographs against the light. Then the chairman asked: "Are these all the facts, or have you something more to tell us?" He was evidently anxious to get the key to this riddle.

"There is more evidence, your Worship," said Anstey. "The witness examined the body of deceased." Then, turning to Thornd.y.k.e, he asked:

"You were present at the post-mortem examination?"

"I was."

"Did you form any opinion as to the cause of death?"

"Yes. I came to the conclusion that death was occasioned by an overdose of morphia."

A universal gasp of amazement greeted this statement. Then the presiding magistrate protested breathlessly:

"But there was a wound, which we have been told was capable of causing instantaneous death. Was that not the case?"

"There was undoubtedly such a wound," replied Thornd.y.k.e. "But when that wound was inflicted the deceased had already been dead from a quarter to half an hour."

"This is incredible!" exclaimed the magistrate. "But, no doubt, you can give us your reasons for this amazing conclusion?"

"My opinion," said Thornd.y.k.e, "was based on several facts. In the first place, a wound inflicted on a living body gapes rather widely, owing to the retraction of the living skin. The skin of a dead body does not retract, and the wound, consequently, does not gape. This wound gaped very slightly, showing that death was recent, I should say, within half an hour. Then a wound on the living body becomes filled with blood, and blood is shed freely on the clothing. But the wound on the deceased contained only a little blood-clot. There was hardly any blood on the clothing, and I had already noticed that there was none on the sand where the body had lain."

"And you consider this quite conclusive?" the magistrate asked doubtfully.

"I do," answered Thornd.y.k.e. "But there was other evidence which was beyond all question. The weapon had partially divided both the aorta and the pulmonary artery-the main arteries of the body. Now, during life, these great vessels are full of blood at a high internal pressure, whereas after death they become almost empty. It follows that, if this wound had been inflicted during life, the cavity in which those vessels lie would have become filled with blood. As a matter of fact, it contained practically no blood, only the merest oozing from some small veins, so that it is certain that the wound was inflicted after death. The presence and nature of the poison I ascertained by a.n.a.lyzing certain secretions from the body, and the a.n.a.lysis enabled me to judge that the quant.i.ty of the poison was large; but the contents of the stomach were sent to Professor Copland for more exact examination."

"Is the result of Professor Copland's a.n.a.lysis known?" the magistrate asked Anstey.

"The professor is here, your Worship," replied Anstey, "and is prepared to swear to having obtained over one grain of morphia from the contents of the stomach; and as this, which is in itself a poisonous dose, is only the unabsorbed residue of what was actually swallowed, the total quant.i.ty taken must have been very large indeed."

"Thank you," said the magistrate. "And now, Dr. Thornd.y.k.e, if you have given us all the facts, perhaps you will tell us what conclusions you have drawn from them."

"The facts which I have stated," said Thornd.y.k.e, "appear to me to indicate the following sequence of events. The deceased died about midnight on September 27, from the effects of a poisonous dose of morphia, how or by whom administered I offer no opinion. I think that his body was conveyed in a boat to Sundersley Gap. The boat probably contained three men, of whom one remained in charge of it, one walked up the Gap and along the cliff towards St. Bridget's Bay, and the third, having put on the shoes of the deceased, carried the body along the sh.o.r.e to the Bay. This would account for the great depth and short stride of the tracks that have been spoken of as those of the deceased. Having reached the Bay, I believe that this man laid the corpse down on his tracks, and then trampled the sand in the neighbourhood. He next took off deceased's shoes and put them on the corpse; then he put on a pair of boots or shoes which he had been carrying-perhaps hung round his neck-and which had been prepared with nails to imitate Draper's shoes. In these shoes he again trampled over the area near the corpse. Then he walked backwards to the Shepherd's Path, and from it again, still backwards, to the face of the cliff. Here his accomplice had lowered a rope, by which he climbed up to the top. At the top he took off the nailed shoes, and the two men walked back to the Gap, where the man who had carried the rope took his confederate on his back, and carried him down to the boat to avoid leaving the tracks of stockinged feet. The tracks that I saw at the Gap certainly indicated that the man was carrying something very heavy when he returned to the boat."